Instagram moves to use your content in advertising without compensation

A change to Instagram's
Terms of Use will allow the photo sharing service to use your
photos and your likeness in advertising without compensation.

The updates to the legal document will see Instagram move closer
to its parent company, Facebook's, approach to the data uploaded by
its users, especially when it comes to advertising and intellectual
property rights.

Currently the terms state that "Instagram may place such
advertising and promotions on the Instagram Services or on, about,
or in conjunction with your Content." But, unless you delete your
account before 16 January 2013 your content will be subject to the
following:

"Some or all of the Service may be supported by advertising
revenue. To help us deliver interesting paid or sponsored content
or promotions, you agree that a business or other entity may pay us
to display your username, likeness, photos (along with any
associated metadata), and/or actions you take, in connection with
paid or sponsored content or promotions, without any compensation
to you. If you are under the age of eighteen (18), or under any
other applicable age of majority, you represent that at least one
of your parents or legal guardians has also agreed to this
provision (and the use of your name, likeness, username, and/or
photos (along with any associated metadata)) on your
behalf."

Facebook already does something similar in sponsored stories
where the data its users submit can be used to push particular
brands into timelines, and where any intellectual property
submitted to the site is automatically licensed without charge to
Facebook.

However, checking Facebook's terms and conditions, there is one
interesting difference. Facebook explicitly ends its rights to your
pictures and content as soon as that content is deleted, Instagram
does not appear to do the same. The most likely clause, "Upon
termination, all licences and other rights granted to you in these
Terms of Use will immediately cease," appears to focus solely on
rights and licences given by Instagram to the user and not
vice-versa.

To put it simply, the updated terms of use could give Instagram
a perpetual licence to monetise your photos. If you are
uncomfortable with any of your content or your personal data being
used in advertising -- no matter how unlikely -- remove it from
Instagram by 16 January.

"Our updated terms of service help protect you, and prevent spam
and abuse as we grow," says an entry on Instagram's official blog. "We know these documents
are a little dry, but they're very important. Please take a moment
to read through them so you keep feeling comfortable sharing your
beautiful photos on Instagram."

Update 19/12/2012: One of the
clauses in Instagram's terms of use actually goes agianst UK law.
The clause in question is "you acknowledge that we may not
always identify paid services, sponsored content, or commercial
communications as such". Luke Scanlon, technology lawyer at
Pinsent Masons, explained: "UK law requires that all online
commercial communications must clearly be identifiable as such and
clearly identify the person on whose behalf the commercial
communication is made."